Clive Lloyd, former West Indies Test Cricket Captain, has returned with a battery of lawyers to defend himself against a claim by contractor, Kailie Ramjohn, in the Commercial Court.
Lloyd’s legal team is led by Senior Counsel Rex McKay and includes Neil Boston, Fitz Peters, Abiola Wong-Innis, Bettina Glasford and Maxwell McKay.
Attorney-at-Law Jerome Khan is representing Ramjohn.
In his affidavit in response to the challenge, Lloyd denies ever giving his power of attorney, Ronald Austin, the authority to authorise works outside the scope of the contract to build a two-storeyed residential premises.
This newspaper understands that Lloyd had entered into a contract with Ramjohn to construct a two-storey residential home at 150 Crown Street, Queenstown, Georgetown for $35M.
The claim against Lloyd is that during the construction phase additional works were authorised and carried out. These were excluded from the general contract.
They included metal security – grills to doors and windows, fencing of site and concrete driveway.
In his claim, Ramjohn stated that Lloyd’s power of attorney gave him verbal instructions and authorised the additional works, which escalated the cost to $45M.
Ramjohn’s claim is for payment for the additional works which amounts to more than $9M.
The power of attorney, Ronald Austin, in the affidavit in defence, admits that Lloyd entered into a contract with Ramjohn for the construction of a two flat residential apartment building at 150 Crown Street, Queenstown, for the contract price of $35M.
He also contends that the contract price for the complete works to be performed by the plaintiff as set out in the contract of February 26, 2006, is $35M (the contract price) and not $45M as alleged by Ramjohn.
According to affidavit, Lloyd did make an ex gratia payment to the plaintiff of $28M for the construction of the back fence, paving of the driveway and building of bridge and curb wall and the putting in of sliding doors on closets which Ramjohn alleged were not in the contract but which Lloyd challenged.
“The defendant (Lloyd) denies that he or his attorney ordered any additional work or upgrades to be done as alleged by the plaintiff (Ramjohn)…the plaintiff handed over the building to the defendant on or about the 15th day of November, 2007, and at the said time the building was handed over to the defendant the plaintiff made no demand for payment for additional work or upgrades or for variation of the written contract.”
Lloyd’s affidavit also stated that Ramjohn’s claim is speculative, frivolous and vexatious and an abuse of the process of the court and should be dismissed with costs.
When contacted, Ramjohn’s lawyer, Jerome Khan, said that he couldn’t comment too much on the matter as it is in court.
However, he said that he feels confident that his client has a very good case and the number of lawyers representing the defendant does not surprise him.
According to him, he is not deterred and the case will be determined by facts and evidence.
The matter was adjourned to June 10.
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